After understanding the reasons and processing methods for trademark opposition, today we will talk about the materials and specific requirements that need to be submitted for opposition.
1. Trademark opposition materials that should be submitted
1. Trademark opposition application form.
2. A copy of the applicant’s identity document.
If the applicant is a natural person, he should submit a copy of the natural person’s ID card, passport and other valid documents; if the applicant is a legal person or other organization, he should submit a business license or "Public Institution Legal Person Certificate", "Social Group Legal Person Registration" Certificate", "Private Non-Enterprise Unit Registration Certificate", "Foundation Legal Person Registration Certificate", "Law Firm Practice License" or copies of corresponding documents such as establishment certificate.
3. Clear objection reasons, facts and legal basis, and attach relevant evidence materials. The objection reason letter should be signed by the opponent or stamped with the official seal.
4. If an objection is raised on the grounds of violation of Article 4, Article 10, Article 11, Article 12 or Article 19, Paragraph 4 of the Trademark Law, the applicant shall An explanation of whether the opposed trademark violates the aforementioned legal provisions should not simply list the legal provisions.
5. Violate the second and third paragraphs of Article 13, Article 15, Paragraph 1 of Article 16, Article 30 and Article 31 of the Trademark Law , If an objection is raised on the grounds specified in Article 32, the applicant shall submit documents proving the subject qualifications as the prior right holder or interested party (see Part 4 for details).
6. If you entrust a trademark agency to handle opposition applications, you should submit a trademark agency power of attorney. The power of attorney shall specify the agent's authority, matters of agency and date of authorization. An agency cannot represent both opposing parties in the same trademark opposition case.
2. Specific requirements for trademark opposition
1. An opposition application can only object to one preliminary approved trademark. If an objection is filed against a trademark with multiple categories, the applicant can list multiple categories in one opposition application, or submit separate applications according to the categories of the opposed trademarks.
2. Objection materials should be submitted in duplicate, marked with the original and duplicate, and the evidence catalog and page numbers should be arranged. Objection evidence materials should be complete and concise. Paper evidence materials can be printed on both sides. If there are many evidence materials, it is recommended to submit them in the form of electronic media such as CDs.
3. The objection application and related matters should be handled in Chinese, and the paper objection application should be typed or printed. If the content of relevant evidence materials is in a foreign language, the corresponding Chinese translation should be provided.
4. The objection application form should be filled out correctly, standardly and item by item, and the same seal or signature as the name of the applicant should be stamped in the "Applicant's seal (signature)" column.
5. If the applicant needs to supplement evidence materials, he should check the box in the objection application and submit it within 3 months from the date of submitting the objection application.
The above are the trademark objection materials and specific requirements. After the trademark is opposed, the company needs to prepare all the above materials and prepare enough evidence to defend the trademark objection to ensure that it can successfully obtain the exclusive use of the trademark. rights to ensure the development of the enterprise itself. For more information on the time and process of trademark opposition, please feel free to consult Intellectual Property Rights! Trademark opposition success rate Trademark opposition time